Propel Legal Briefing - Christmas cheer starts with Christmas compliance by Patrick Robson

First appearing for Propel Hospitality in their Legal Briefing on 11th December 2024.

Christmas cheer starts with Christmas compliance by Patrick Robson

Another difficult year for the industry is coming to a close and Christmas is sneaking up on us – bringing both opportunities for some much-needed revenue and a few inevitable headaches. Operators need to stay sharp and ready to face the seasonal chaos, ensuring this holiday period boosts their business rather than leaving them with a stocking full of problems.

So, how can you ensure this final stretch of the year remains merry and bright? If you’re part of your local Pubwatch scheme (or a similar group), make it a priority to attend the upcoming meetings as we head into Christmas and 2025. These gatherings offer invaluable updates on local licensing issues and provide a chance to learn what other licensees are planning for their holiday trade. Now might be the perfect time to add some festive events to your calendar – think Christmas quizzes or breakfast with Santa – to stay competitive and attract more customers.

When it comes to festive specials, this time of year often sees venues considering later trading hours than usual. If that’s on your agenda, start by reviewing your existing premises licence to see if it permits non-standard operating hours. If not, you may need to apply for a temporary event notice (TEN). If you’ve been relying on TENs to extend seasonal hours over the last few years, it might be worth considering a variation to your premises licence to make these later hours permanent – potentially saving time and money in the long run.

If you’re planning to submit a TEN, do so as early as possible. Remember, they’re not just for extending hours. For example, if you’re planning an outdoor Christmas market with alcohol sales, ensure the area is licensed. If it isn’t, a TEN can solve the problem. TENs can also be used to temporarily suspend certain licence conditions. Want to host family-friendly Christmas parties but have a condition restricting children after a certain time? A TEN can address that. Similarly, if you have a strict last-entry condition that works year-round but causes issues on New Year’s Eve, a TEN is the way forward.

If you’re hoping to secure a TEN for events around Christmas or the new year, act fast, you’re running out of time! Keep in mind the usual restrictions:

• Events must have fewer than 500 attendees at any one time, including staff.
• Events cannot last longer than seven days.
• Aa single premises can have up to 15 TENs per year, covering a maximum of 21 days.
• There must be a 24-hour gap between consecutive TENs.·
• Standard TENs must be submitted to your council at least ten clear working days before the event, while “late” TENs require five to nine clear working days’ notice.

Be aware that the council can only refuse a TEN if the police or environmental health authorities object within three working days of receiving it. In such cases, a licensing committee will convene to decide whether to approve or reject the TEN. However, late TENs are automatically vetoed if there’s an objection and won’t even reach the licensing committee.

The festive season is both bustling and unpredictable, making it crucial to refresh staff training – especially if your policies undergo seasonal adjustments. This could include updates to entry procedures, searches, refusals, drug handling, conflict resolution, dispersal and counter-terrorism measures. For the latter, you might find it helpful to visit www.protectuk.police.uk for more information. This will be particularly relevant as the Terrorism (Protection of Premises) Bill – commonly known as Martyn’s Law – could become law sometime next year (watch this space for a legal update). Martyn’s Law will introduce new legal requirements for public venues to have measures in place to protect against terrorist threats, named to honour Martyn Hett, who tragically lost his life in the Manchester Arena attack.

Refresher training should also emphasise initiatives like Ask for Angela, a safety scheme designed to help individuals discreetly signal for help if they feel unsafe, such as on a date or in a social situation. This is especially important following recent BBC undercover reports highlighting gaps in staff awareness, even in venues where such schemes were actively promoted. Ensuring your team is fully briefed will help you maintain a safe and welcoming environment for punters during this busy season. Finally, take some time to review the placement of customer notices, such as those related to Challenge 25, anti-drug campaigns, and taxi contact information, to help ensure smooth operations.

Most importantly, don’t forget to take a thorough look at your premises licence conditions to ensure full compliance. The last thing you want is to face a licensing inspection unprepared, risking the possibility of a criminal prosecution or closure notice.

With the season likely to be a busy one, evaluate your staffing levels and consider the presence of the designated premises supervisor or other personal licence holders during peak trading hours. Would a ticketing system for certain events help you better manage customer numbers? Would it be wise to bring in additional security staff?

When it comes to CCTV, make sure it provides sufficient coverage of public areas, both inside and outside your premises. Have you recently checked that it’s functioning properly and recording for the required number of days, as per any licence conditions? These steps are essential to keep your operations running smoothly and ensure you’re fully protected. The last thing you want going into the new year are legal conflicts to resolve.

Keep in mind that while festive cheer may be in the air, enforcement action by authorities won’t take a holiday. This is especially true in cases of serious violent incidents. From our experience, the team at John Gaunt & Partners often handles at least one such incident for an operator during the Christmas season – frequently leading to a premises licence review and the risk of suspension or even revocation.

To avoid such issues, it’s vital to conduct thorough risk assessments and put in place reasonable, proportionate measures to uphold the four licensing objectives: preventing crime and disorder, ensuring public safety, preventing public nuisance and protecting children from harm. By doing this, you’ll create a safe, enjoyable environment and stay off Santa’s naughty list.

As the holiday season brings both opportunities and challenges, preparation and vigilance are your best allies. By staying proactive, ensuring compliance and fostering a safe, welcoming environment, you can turn this busy time of year into a true win for your business. Whether it’s planning festive events, refining your policies or bolstering staff training, every effort counts towards creating a memorable and trouble-free experience for your customers.

Here’s to a successful season filled with happy customers, thriving trade and peace of mind. May your tills jingle as much as the sleigh bells and may the only surprises this Christmas be delightful ones. Wishing you a very merry and prosperous holiday season and a fantastic start to 2025!
Patrick Robson is a partner at John Gaunt & Partners